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SWARTZENBERGER v. BILLINGS LABOR TEMPLE

No. 14182.

586 P.2d 712 (1978)

Mary F. SWARTZENBERGER, Individually and as Personal Representative, Plaintiff and Appellant, v. BILLINGS LABOR TEMPLE ASSOCIATION and Mark Franklin Dalley, d/b/a the Silver Dollar Bar, Defendants and Respondents.

Supreme Court of Montana.

Decided November 8, 1978.

Rehearing Denied December 6, 1978.

Attorney(s) appearing for the Case

R.V. Bottomly argued, Great Falls, for plaintiff and appellant.

Anderson, Symmes, Brown, Cebull & Jones, Billings, Richard F. Cebull argued, Billings, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Jack S. Ramirez argued, Billings, for defendants and respondents.

SHEEHY, Justice.

Plaintiff, Mary F. Swartzenberger, appeals from the summary judgment of the District Court, Yellowstone County, granted in favor of defendants, Billings Labor Temple Association and Mark Franklin Dalley, d/b/a The Silver Dollar Bar.

Joseph F. Swartzenberger (decedent) was a steelworker in Billings, Montana. On October 30, 1974, decedent reported to work at 7:30 a.m., but left for the day at 8:00 a...

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